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(영문) 광주지방법원 2014.03.27 2014고정45
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:30 on October 29, 2013, the Defendant driving a vehicle with blood alcohol content of about 1.4 km from a section of approximately 0.086% under the influence of alcohol to the front road of the Song-gu, Gwangju, Nam-gu, Gwangju, by the day on which he was under the influence of alcohol at around 0.086%.

2. On October 29, 2013, at around 02:50, the Defendant violated the Road Traffic Act (i.e., the after-accident) (i., the Defendant, while driving the said vehicle under the influence of alcohol and making a left-hand turn from the right-hand edge to the high-speed market at the right-hand edge of the vehicle, while neglecting the right-hand edge and the right-hand edge and making a left-hand turn at the right-hand edge from the right-hand edge of the vehicle at the right-hand edge of the victim D (the age of 40) with a temporary stop on the left-hand edge and the right-hand edge of the vehicle at the right-hand edge of the victim D(the age of 40) and the upper part of the front part of the repair cost, such as the replacement, etc. of the front-hand driver of the above high-class Ⅲ, and did not immediately stop, and did not take necessary measures after the accident.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. A traffic accident report (1) and (2) a actual survey report;

1. Written estimate of the cost of underwriting insurance;

1. Application of Acts and subordinate statutes governing the scene of traffic accident;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of sound driving), Articles 148 and 54 (1) of the Road Traffic Act (the point of view of taking measures after accidents), and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, such as that the Defendant did not take necessary measures to remove a traffic accident while driving a vehicle in the state of blood alcohol level of 0.086%, is divided into the circumstances unfavorable to the Defendant and the Defendant’s mistake.

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